ACAT unable to review phone tower decision

NCCC has received legal advice that:

“Under the ACT legislation this structure is a class 10b and so it is only required for notification
under s153 but to be reviewable by ACAT a development application in the Merit Track under s162
has to be notified under both s 153 and 155. When only notified under s 153 it is not enough to be
a reviewable decision by ACAT.”

We note, however, that the ACT Planning and Land Authority appears to be unaware of reviewable
processes:
(1) Documents from Planning and Land Authority gave no indication that DA 202342438 was
not a reviewable decision including from the letter signed by the Delegate on 18 October
2024.
(2) There is, in fact, no recognition in the documents from the Delegate on his decision that DA
202342438 was a Class 10 structure.
(3) Further, after the decision (with conditions) letters to representors were sent on 21 October,
these were accompanied by information as to how to submit a review.

Unfortunately, there will, therefore, be no further proceedings in this matter.

 

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